Case number: 4:24-bk-40175 - CS Midtown, LLC - Missouri Western Bankruptcy Court

Case Information
  • Case title

    CS Midtown, LLC

  • Court

    Missouri Western (mowbke)

  • Chapter

    11

  • Judge

    Brian T. Fenimore

  • Filed

    02/12/2024

  • Last Filing

    08/23/2024

  • Asset

    Yes

  • Vol

    v

Docket Header
PlnDue, Subchapter_V, DEC



U.S. Bankruptcy Court
Western District of Missouri (Kansas City)
Bankruptcy Petition #: 24-40175-btf11

Assigned to: Bankruptcy Judge Brian T. Fenimore
Chapter 11
Voluntary
Asset


Date filed:  02/12/2024
341 meeting:  03/20/2024
Deadline for objecting to discharge:  05/20/2024

Debtor 1

CS Midtown, LLC

6924 SE Moreland School Rd.
Blue Springs, MO 64014
JACKSON-MO
Tax ID / EIN: 85-2503221

represented by
Andrea M. Chase

Spencer Fane LLP
1000 Walnut St., Ste. 1400
Kansas City, MO 64106
816-292-8279
Fax : 816-474-3216
Email: achase@spencerfane.com
TERMINATED: 02/21/2024

Colin N. Gotham

Evans & Mullinix, P.A.
7225 Renner Road, Suite 200
Shawnee, KS 66217
913-962-8700
Fax : 913-962-8701
Email: Cgotham@emlawkc.com

Trustee

Robbin Messerli

6917 Tomahawk Rd
PO Box 8686
Prairie Village, KS 66208
913-662-3524
Email: rob.messerli@gunrockvp.com

 
 
U.S. Trustee

U.S. Trustee

Room 3440
400 East 9th Street
Kansas City, MO 64106-1910
represented by
Sherri L. Wattenbarger

Office of the U.S. Trustee
Room 3440
400 East 9th Street
Kansas City, MO 64106
816-512-1940
Fax : 816-512-1967
Email: sherri.wattenbarger@usdoj.gov

Latest Dockets

Date Filed#Docket Text
05/07/202459
Notice of Scheduled Evidentiary Hearing

The Motion for Relief from Stay regarding Commercial Mortgage, Filed by Linwood Equity Investments, LLC was set for hearing on May 7, 2024, and an evidentiary hearing is needed.

Upon consent of the parties or as ordered by the court for good cause and compelling circumstances, the time period set forth in 11 U.S.C. Section 362(e) is extended.
Debtor is directed to provide the Subchapter V Trustee, United States Trustee, and Counsel for Linwood Equity Investments, LLC proof of continued insurance on the property.
The Objection to Claim Number 3 by Claimant Linwood Equity Investment, LLC is also set for an evidentiary hearing at the same time. Responses to the claim objection should still be filed by 06/5/2024. The date and time of the hearing is given below. (ERO - PM)

Subject to this Court's Local Rules of Practice, General Orders and Administrative Procedures, a Witness List and Exhibit Index shall be filed and served not later than June 14, 2024. In addition to the exhibit index to be filed, complete exhibits shall be redacted, marked and filed in accordance with L.R. 7016-1 as attachments to the exhibit index. Failure to comply may result in exclusion of evidence at hearings.

The Notice of Electronic Filing is the Official Notice for this Entry. No document is attached.

The Attorney for the Moving Party is Directed to Serve a Copy of this Notice on Parties Not Receiving Electronic Notification.

Evidentiary hearing scheduled for 6/21/2024 at 09:00 AM at US Courthouse, Courtroom 6C, 400 E. 9th St., Kansas City, MO.
Exhibits, Exhibit Index & Witness List are due by 6/14/2024.

(related document(s)22, 56) (Meador, Dawn)


(Entered: 05/07/2024)
05/07/202458
Order of the Court

Based on the allegations in the motion and the record in this case the court finds that the need for an extension is attributable to circumstances for which the debtor should not justly be held accountable, including but not limited to that both the debtor and creditor Linwood Equity Investment LLC have engaged different counsel since the filing of the petition, ongoing discovery between the debtor and Linwood, and the dispute over whether the debtor owes Linwood any money, which needs to be resolved before the debtor should have to file a plan. Therefore, the Debtor(s) Motion to Extend Time to file the

Chapter 11 Subchapter V Plan
is hereby GRANTED. It is so ORDERED by /s/ Brian T. Fenimore

Chapter 11 Subchapter V Plan due by 7/15/2024.

The moving party is to serve this order on parties not receiving electronic notice but entitled to notice pursuant to Fed. R. Bankr. P. 2002, Local Rule 2002-1 and other applicable law.

File the Certificate of Service and relate it to the
epo
category.

This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.

(Related document(s)57 Motion to Extend Time) (Meador, Dawn)


(Entered: 05/07/2024)
05/06/202457Motion to Extend Time to File Chapter 11, Subchapter V Plan of Reorganization. Extension requested to July 13, 2024. Filed by CS Midtown, LLC. (Gotham, Colin) (Entered: 05/06/2024)
05/06/202456Objection to Claim Number 3 by Claimant Linwood Equity Investment, LLC filed by CS Midtown, LLC. Response or Amended Claim due by 06/5/2024 (Gotham, Colin (aty)) (Entered: 05/06/2024)
04/30/202455Certificate of Service on
4/30/2024
regarding Order of the Court granting Debtors Motion to Extend Time to May 3, 2024, to Respond to Discovery Issued by Linwood Equity Investments, LLC filed by CS Midtown, LLC (related document(s) 54 Order on Motion to Extend Time) (Gotham, Colin (aty)) (Entered: 04/30/2024)
04/26/202454
Order of the Court

The Motion to Extend Time to May 3, 2024 to Respond to Discovery Issued by Linwood Equity Investments, LLC is hereby GRANTED. It is so ORDERED by /s/ Brian T. Fenimore

The moving party is to serve this order on parties not receiving electronic notice but entitled to notice pursuant to Fed. R. Bankr. P. 2002, Local Rule 2002-1 and other applicable law.

File the Certificate of Service and relate it to the
epo
category.

This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.

(Related document(s)53 Motion to Extend Time) (Meador, Dawn)


(Entered: 04/26/2024)
04/26/202453Motion to Extend Time to Respond to Discovery Issued by Linwood Equity Investments, LLC. Extension requested to 5/03/2024. Filed by CS Midtown, LLC. (Gotham, Colin) (Entered: 04/26/2024)
04/22/202452Equity Security Holders filed by Smart Communications Systems, LLC (Attachments: # 1 Exhibit A) (Stromberg, Matthew (aty)) (Entered: 04/22/2024)
04/22/202451Monthly Operating Report for Small Business Under Chapter 11 for Filing Period March 2024. Bank statements for each open account are included:
No
. Bank reconciliation reports for each account are included:
No
. Financial reports such as an income statement (profit & loss) and/or balance sheet are included:
No
Budget, projection, or forecast reports are included:
No.
Project, job costing, or work-in-progress reports are included:
No
. (Gotham, Colin (aty)) (Entered: 04/22/2024)
04/22/202450Monthly Operating Report for Small Business Under Chapter 11 for Filing Period February 2024. Bank statements for each open account are included:
No
. Bank reconciliation reports for each account are included:
No
. Financial reports such as an income statement (profit & loss) and/or balance sheet are included:
No
Budget, projection, or forecast reports are included:
No.
Project, job costing, or work-in-progress reports are included:
No
. (Gotham, Colin (aty)) (Entered: 04/22/2024)